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TRIAL-WITHIN-TRIAL IS TO TEST VOLUNTARINESS OF CONFESSIONAL STATEMENTS ONLY

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I agree with the learned counsel for the Respondent that the Appellant’s counsel had really misunderstood the fundamental requirement in criminal trial. A trial within trial is required in law where the objection to admissibility of a statement is based on the ground that it was not made voluntarily. In that case there has to be a trial within trial to determine the question of voluntariness. It is only where this is proved by the prosecution that the statement is admitted in evidence.

– Galadima, JSC. Kingsley v. State (2016)

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confessional statement

CO-ACCUSED INCRIMINATING CONFESSIONAL STATEMENT

On the issue of his Co-Accused’s Statement, the Appellant is right that his statement cannot be used against him. The position of the law is that the Statement of a Co-Accused Person to the Police is binding on him only see Suberu v. State (2010) 8 NWLR (Pt. 1197) 586. However, where the evidence incriminating an Accused Person comes from a Co-Accused Person, the Court is at liberty to rely on it as long as the co-accused person who gave such incriminating evidence, was tried along with that Accused Person. see Dairo v The State (2017) LPELR-43724(SC) and Micheal V. State (2008) 13 NWLR (Pt. 1104) 383.

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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A TRIAL WITHIN TRIAL IS CONDUCTED WHERE A CONFESSIONAL STATEMENT IS CHALLENGED ON VOLUNTARINESS

The law is trite that in circumstance where the prosecution seeks to tender the confessional statement of an accused person and it is objected to and challenged on the ground that it was not made voluntarily, a trial within trial is conducted for the sole purpose of finding out if the statement was made voluntarily or whether the confessional statement was extracted from the accused by force or threat of punishment or by any form of inducement. If at the end of the trial within trial the trial Judge is satisfied that the confessional statement was not voluntary, such a statement is not admissible in evidence. If on the other hand the statement is adjudged voluntarily made, it is admitted in evidence. In both cases the trial Judge should rule on it accordingly and that brings the trial within trial to an end and the main trial continues. SeeIbeme v The State (2013) 10 NWLR (pt 1362) 333, Solola & Anor v State (2005) 11 NWLR (pt 937) 460, Federal Republic of Nigeria v Iweka (2013) 3 NWLR (pt 1341) 285.

— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)

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TEST TO PROVE CONFESSIONAL STATEMENT

The tests for determining the voluntariness of a confessional statement have been consistently applied by this Court in a plethora of cases as follows: (1) Whether there is anything outside the confession to show that it is true. (2) Whether the statement is corroborated, no matter how slight (3) Whether the facts contained therein, so far as can be tested, are true. (4) Whether the accused person had the opportunity of committing the offence. (5) Whether the confession of the accused person was possible. (6) Whether the confession was consistent with other facts which have been ascertained and proved in the matter.

– J.I. Okoro JSC. Berende v. FRN (2021)

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CONFESSIONAL STATEMENT SHOULD BE OBJECTED TO WHEN SOUGHT TO BE TENDERED

It must also be stated that the time to object to the voluntariness of a confessional statement is when it is sought to be tendered and not after it has been admitted in evidence. See: Godsgift Vs The State (2016) LPELR-40540 (SC) 5 31 B C; Olalekan Vs The State (2002) 2 SCNJ 104; Muhammad Vs The State (2017) LPELR-42098 ISC) g 17 18 C B.

— K.M.O. Kekere-Ekun, JSC. State v Sani Ibrahim (2019) – SC.1097/2016

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INTERPRETER OF AN ACCUSED STATEMENT MUST BE CALLED

It is indeed the law that an accused person’s statement should, as much as possible, be taken down in the exact words of the accused person. Where the statement is thereafter translated into English by another person, the interpreter must be called as a witness in order for the statement in English to be admissible in evidence. Where that interpreter is not called, the statement in English will be regarded as hearsay evidence and will therefore be inadmissible

– Eyop v. State (2018) 6 NWLR (Pt. 1615) 273 (SC) per Sanusi, J.S.C.

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THE EFFECT OF A CONFESSIONAL STATEMENT

A confessional statement which is voluntarily made is an admission by the maker that he committed the offence. it is the best evidence in support of the case of the prosecution against an accused person. however, such evidence, apart from being voluntarily made, must be positive, direct, pungent and consistent with other facts as proved in the case.

– Adamu Jauro, JSC. Enabeli v. State (2021)

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